Add to this the innumerable times he has issued incorrect advice, has failed totally to properly research or obtain qualified advice for Ex Pats, and you will readily see why Russell Thomson has simply got to go. Go we say, not just from his comfortable Embassy in Alicante, but out of any ambassadorial role, for the United Kingdom, period. This man is a disgrace to the Crown, to the Foreign and Commonwealth Office. The Foreign Secretary should now pledge to save all British Citizens, Ex Pats or not, from the talons of this inept individual.
It simply beggars belief how any individual, so devoid of ability and commitment, can become a Consul. Is that really the true value that our Prime Ministers place upon this extremely important role? Is this an acceptable level of behaviour when one is charged with protecting UK citizens abroad? We do not believe so and call upon our Foreign Secretary to dispatch Russell Thomson immediately.
An alternative view suggests that Consul's all emerge from "the old boys" club and qualities such as ability and commitment are neither pre-requisites nor even relevant for such posts. All that matters, it appears, is who you know - not what you know! If that observation is even remotely true, what a sad state of affairs we have got ourselves into.
Below we list a catalogue of his more recent errors :-
Mutual recognition of driving licences : -
In mid 2004 one of our members was unlawfully fined, whilst driving within the Province of Alicante. When stopped by Police he produced a valid U. K. issued driving licence and was wrongly told that he should have exchanged his U. K. licence for a Spanish licence. Our member knew full well that the Police were incorrect and immediately contacted our Consul at the Alicante Embassy. Our Member alleges he was told to, “Go away and obey Spanish law.
Reference to European law revealed that our member had been unlawfully fined. All our members should be aware that European law supersedes National laws of member States where, as in this particular matter, the European Parliament and Council have competence.
Our member complained to us and we took up the matter, meanwhile his employers quite wrongly sacked him. Now one can envisage the ‘domino’ effect, when giving inaccurate advice by those, one should be able to rely upon, as our Governmental representatives. At that time the Kingdom of Spain was in violation of European law, when as early as 2003, they had been first summoned to appear before the European Court of Justice, over their failure to ‘mutually’ recognize driving licences, issued by another Member State. Indeed they were found in violation when they appeared before the E.C.J. on the 9th September 2004.
Unfortunately the matter did not rest there, since we were then informed by a journalist that our Consul had announced that, “We were in a ‘catch twenty two’ situation.” He commented upon circumstances whereby one loses a valid U. K. driving licence, or where it had been stolen. The Consul stated that the U. K. will not issue you with a replacement - if you are no longer resident in the U. K. He then continued "additionally the Spanish authorities will not issue you with a Spanish driving licence either, without the production of a valid U. K. licence".
Absolute ‘balderdash’ Mr Thomson. We have consulted the Commission for Transport and Energy and were immediately informed, that under such circumstances each E. U. Member State has agreed to the re-issue of a driving licence to any resident E.U.citizen. Further, the enquiries to be undertaken in this respect rest with the relevant department of the host State, albeit you will be requested to assist with all the necessary information. You could have come to our Association for advice Mr. Thomson, but you chose not to. Why? The A to Z over ‘mutual’ recognition of driving licenses, within the E. U. has been posted on the Association web site for a long time now. All you needed to do was to refer to it.
We then wrote to the Jefatura de Trafico, Alicante, asking them how they intended to repay the unlawful fines that had been imposed. They failed to answer our ‘certificated’ correspondence. We then wrote to our Consulate seeking their assistance in this matter. To their shame they did not even reply to our request. Just whom does our Consul represent, since our experience reveals that it is not loyal servants of the Crown. The way he acts leads one to believe he is employed by the Spanish Government not that of the United Kindom. Anything for an easy life that´s our Russell.
Expats urged to vote: -
The above title appeared as a front-page headline in the Costa Blanca News on18th February 2005 and was attributed to our Consul. To put it mildly, yet another enormous ‘faux pas’. Indeed almost one half of the article was taken up by a coloured picture of Russell Thomson. Space, we suggest Russell, that could have been much better used for factual advice. We do not chastise the Editor, because like you, he too should be able to rely upon what he is told by our Consul.
We offer this strong and well chosen advice to our Consul “Mr Thomson if you are going to advise others, as to the law or pertaining regulations, then please make sure that the advice you offer is accurate. Clearly our Consul most obviously did not? His first statement was totally ambiguous when he stated, “British citizens who live abroad, but who have been registered to vote in the U. K. ,within the last 15 years, can apply to be an overseas voter.” Part of the reason for the confusion was our announcement of the Political Parties and Referendums Act 2000 - which became law on 1 April 2002, and the effect it had upon ExPat voters. This act will have disenfranchised many ExPats of your right to vote. Mr Thomson did not explain the proper effect of this Act. As per normal we were yet again treated to a coloured photograph of Russell Thomson. This took up valuable space which was required to explain more fully the law and its affect on your voting rights. This Act took away a British citizens right to vote after 15 years of absence from the U. K. full stop. Despite the announcement by Russell Thomson, most expatriates had failed to fully appreciate this serious removal of their right to vote. A little more explanation and less of, ‘have a look at me’ may have prevented so much confusion.
What did Mr. Thomson then say, “Overseas” voters can apply to vote by post if they want the ballot paper sent to them. Equally they can opt to appoint a proxy". Yet another enormous ‘faux pas’, since for completeness, following the dissolution of Parliament, an election must be called within 17 days. An electoral officer advised us some years ago that it takes about 10 days to get the ‘overseas voters’ ballot papers together. This then leaves you with seven days to receive and return your completed ballot paper.
We received complaints of lost votes, exactly because ExPats followed Mr. Thomson's advice. There must have been many more, who remained unaware of their failed efforts through your woefully ‘ill’ conceived advice. Advice that we, as an Association, would have willingly given you. Again you chose not to come to us. Why not, since you had so little knowledge or understanding over the matter? What is it that they say about "Pride cometh before a fall" Russell!
Now let us look at ‘proxy’ voting. Some citizens no longer have someone living within sufficiently close proximity of their polling booth, since this is where one's vote must be cast. This booth will be within the constituency of your last U. K. address, where you were on the electoral roll. Indeed one reader wrote to the very same newspaper that carried this report, and announced her difficulties in relation to this very point. Also since voting is a confidential matter, citizens may not wish to tell some other person about the candidate of their choice, or they may have no one they wished to trust. Yet again Mr Tompson instead of the now customary ‘hey look at me’ picture, perhaps you should have more properly advised ‘would be’ voters as follows :-
(a) not to attempt to vote by post, since all those living in Spain are aware of the acute postal delays here.
(b) who better to nominate as your ‘proxy’ than the candidate of your choice.
Thus ensuring you will be guaranteed to have your vote cast, it will be in ‘confidence’, since he/she will be your choice and further, your candidate will be only too pleased to accept this request. We suggest that Mr. Thomson did not tell you because he did not know. However, he could have come to us. He chose not to. Why?
We have now persuaded the European Parliament to hold an investigation, over this disenfranchisement of your right to vote after 15 years, since the present situation leaves many expatriates, albeit European citizens, with no national right to vote anywhere. We cannot even take part in any national ‘referendum’ to decide our future as European citizens. No, we do not advocate a national vote in our host State, unless it be voluntary in Spain. Since an overwhelming majority of expatriates will be retained by the United Kingdom for income tax purposes, as are your co-founders. - U. K./Spain Double Taxation Agreement 1975. Taxation is not harmonized within the E. U. Member States; therefore we cannot expect representation over issues that remain within the domain of sovereignty of individual Member States. We cannot even appeal to the Parliamentary ‘Ombudsman’, say where any pension or other benefit is wrongly denied us, since such an appeal must come through ones M. P.
Health Care for O A Ps : -
Please note that the aforementioned adjudication was made some 5 months earlier than the Consul's advice.
(Click on the above hyperlink to read the full adjuducation)
We did not hear from our Consulate, because they most obviously did not know. Well, your Association did and this adjudication has been sitting on our web site since 2003. This will become more relevant later when I deal with the publication Russell Thomson is alleged to have "forced" to have printed in the Costa Blanca News of 9 December 2005. Under the heading “Staff at the Consulate in Alicante are trained and equipped to answer specific queries.” This appeared under the banner, “Health Care in the Valencia Community” Yet again with a large picture of your Consul. Wasted space Russell.
We then took up the cudgel on ExPat's behalf. We have secured for all you O.A.Ps, and certain other citizens, not ‘active’ citizens, the recognition of your proper right to receive all treatment, not just emergency/necessary treatment, when you visit another E. U. Member State. However please note that you may not visit another Member State for the express purpose of obtaining health care, without the prior consent from your host State - See beneath our banner on our ‘Home Page’ for further information.
We have caused the withdrawal by the U. K. Health Authority all inaccurate pamphlets and leaflets in this matter, and yet again we have identified the Foreign and Commonwealth Office web site, as offering ExPats inaccurate information. This is the third occasion over entirely separate matters that such inaccuracies have been discovered and reported to the F.C.O. We have one letter of acknowledgement from the Foreign and Commonwealth Office, London.
Validity of EHIC (Replacement form E.111) : -
These new E. U. format cards were introduced as of June 2004. However, here in Spain they were issued with a validity period of one year for workers, four years for Spanish State pensioners, but only 90 days for European expatriate resident citizens. This discrimination, not only breached European law, it also breached Article 14 of the European Convention of Human Rights. There were many complaints published in our newspapers. Did your Consul Russell Thomson do anything? No, we did not hear even the faintest bleat from him. It was our Association who challenged the Kingdom of Spain and lodged a protest at Brussels. Of course our protest was upheld and now the EHIC is issued for a one-year validity period for all. Surely it is reasonable to expect that someone who holds the post as a Consul should have had even a modicum of intelligence to realize that discrimination on the bases of nationality is illegal in Europe. If he could not, and accepting that your Association is now the main authority over these matters, Russell Thomson could have come to us. He chose not to. Why not? Let us say at once that we not only advise you about your rights, but we will also advise you about your obligations whilst resident in or traveling within other E. U. Member States.
Health Care in Valencia Community (NB this only applies to those residing within the Valencia Community) : -
In early 2002 we discovered that Valencia had agreed to provide health Care to all residents, including E. U. expatriate citizens as documented in Circular 1/2002. Russell Thomson even made a total mess over that matter and as an Association we had to force him to make a public announcement rectifying his errors. He did not want to. He did not think you were entitled to receive such gratuitous care. This can be discovered from the opening of this page.
This Health Care initiative caused much confusion, since there was a most obvious total breakdown of communication from the Central Health Authority and the various Health Centres throughout the Community of Valencia.
Further the Health Authority had not helped the matter when they issued the national format S.I.P (Spanish Health entitlement card). This wrongly led to those being issued with this card, to believe that it operated nationally. In fact it was territorial to the Community of Valencia only. This card was initially issued open ended - with no validity date. The health authorities then realized that they were providing free health care and that many card holders were entitled to ‘residual’ cover (Issue of form E.106) from their State of origin. With this cover Spain would receive reimbursement for treatment given. Also citizens, when they became entitled to the issue of form E.121, would not bother registering the form. This too presented a problem, since the host Member State receives some funding once this form is registered. These problems, even when known by our Consular staff, were not communicated to us. We have to ask the blundering Russell Thomson, Why not? Since it was our Association, which first brought to your notice this ex-gratis right to health care?
Instead we had to learn about this matter when members came to us and advised us, that without prior notice, their health (S.I.P) card had been summarily cancelled. Further, that this had only come to the notice of the cardholder when they attended their Health centres for treatment. Many had cancelled their private medical insurance cover . even some who had on-going illness requiring treatment. At least one member advised us that he was suffering from a life threatening condition and needed drugs. He alleges he was told to go away and see a private doctor.
One of your co-founders contacted the Consulate and spoke with the Vice Consul. He was told, “Well, we did contact a certain newspaper". She also referred to some obscure church magazine and other media. However, your Association was not informed. If indeed anything had been published, then we failed to see the same, as did the rest of our membership. Since we were so deeply involved in this matter, one is entitled to say we should have been the first to have been informed, more especially, since we were the first to bring this ex-gratis health care to your notice. Now we have the right, not just to say, but also to demand an answer. Why did you not bring this situation to our attention Mr Thomson? I think all readers of this page will by now have already formed their own opinions. Your own ‘ego’ would not allow it, which is apart from your own very special brand of foolishness. You have played the ‘circus clown’ once too often Russell.
This caused your Association to seek publication in the Costa Blanca News, advising all expatriates who had their Health Care entitlement, in accordance with the above Circular, i.e. solely upon the basis of their residence in the Valencia Community, to immediately attend their Health Centres to check the validity of their health cards. We sent a ‘proof’ of our proposed publication to our Vice Consul. She approved it and it duly went to the Editor, together with her letter of approval. It appears that Russell Thomson was away at that time. Our detailed letter was published on 2 December 2005. Of course we could have gone into greater depth by identifying those to whom our advice did not refer. However, we were constrained by space when seeking cooperation from Editors of newspapers. We attach no blame in this case, since we have received the closest cooperation from the Editor of the newspaper to which we refer. Further, he trusts us and takes a great interest in the work we do. We know we can rely upon his support now and in the future. Before dealing with Russell Thomson’s immediate response to our letter. We should first like to deal with the ‘Legislative’ letter, as we shall deal again with his cavalier and very ‘ill’ conceived response shortly.
The ‘Legislative’ letter: -
To regularize the situation, as to whether an E. U. expatriate citizen had an entitlement to ‘residual’ health cover, or were required to obtain a form E.121, from their home State, the Health Authorities decided to require you to produce a letter to that effect. In our case this was obtained from the Overseas Benefits Department at Newcastle. The Spanish Health Authorities then declared that they required an ‘official’ translation of this letter, from English to Spanish, which became known as the ‘legislative’ letter. Your Consul, Russell Thomson, jumped in, without using even a modicum of common sense and offered to ratify this letter and then had the affrontary to charge Ex Pats a fee for assisting them.
We did not take that route, instead we used common sense. We approached Newcastle directly and requested that they issue this ‘legislative’ letter in both the English and Spanish language, in much the same way as many other forms they issue. Newcastle immediately agreed to our request on your behalf. There can be little doubt, from what followed, that this little bit of initiative angered Russell Thomson.
Now let us return to the response by Russell Thomson to our very speedy advice to our members.
Foolish response by Russell Thomson : -
On the Monday immediately following our published ‘warning’ article, Russell Thomson steamed into the Editor of the Costa Blanca News, declaring that our Association was wrong and then used his Office to coerce our loyal Editor into publishing an article penned by himself.
Those of you who saw this article will yet again have noticed that some 20-25% of the article displayed a ‘look at me’ photograph of Russell Thomson. Yet further wasted space when we look at the deficiency in the remarks attributed to him. It was headed “Health care in the Valencia Community – The procedures” We deal with them as follows:-
Russell Thomson began by stating, ‘There has been some confusion over health care, even now over a year on from the Generalitat’s Circular.” Should we really need to tell our Consul that, at the time he wrote this article, it was actually four years on? He could not even get that right,, since he was in so much haste in his attempt to attack and discredit our Association. He clearly felt that a repost had to be immediate whilst it was still fresh in peoples minds, much more important to strike quickly even if much of what he wrote was totally inaccurate. Remember I am not the Consul for nothing! My position is very important and I shall not be undermind by such petulant individuals. They may well be right but they are not the Consul - people had better believe me - or else!
Working in Spain: -
'Since by its Royal Decree 178 of 2003 workers, self-employed, and those who have contributed to the national social security scheme in Spain have been exempted from the requirement to apply for a ‘Community Resident’s Card’.
Wholly misconceived advice. The Kingdom of Spain has granted you a right - retain it. Do not allow yourself to be taken back in time. We exist to deal with those bureaucrats, where they seek to disobey the law. If ever we are to achieve proper unity of integration, then we must go forward.
State Pensioners – the E121 route: -
Russell Thomson begins his opening with, “Men over 65 and women over 60 are currently regarded as State pensioners.” He then goes on to state - such pensioners who have retired to Spain should obtain an E121". Oh how woefully inaccurate advice to offer as a singular statement. He should have sought the advice of his own Vice Consul, who quite correctly wrote to us declaring most accurately that not all women at age 60 will receive a pension in their own right and in some cases, although rare, neither will some men at 65 years of age.
We are in currently in the process of dealing with pension rights on this web site and have carefully researched this matter and we can inform you that many, if not most women at this time will not receive a pension at age 60 years and neither will she be entitled to the issue of a form E121. until her husband reaches age 65 years. For any citizen to normally receive a State pension and the issue of form E121 they must have paid at least 1 whole qualifying year of N. I. contributions, plus they must have ten to eleven accredited qualifying years. Since today’s 60 years of age women, will have married at an early age, in the main they then opted not to pay N. I. contributions, but to rely upon the contributions of their husbands.
Therefore Mr. Thomson, you are wrong again - they will not necessarily be entitled to a pension or the issue of form E121. in their own right having attained 60 years of age.
Early retirees and job seekers : -
This group may have residual cover from their home country and may therefore be entitled to the issue of form E106, but this does not entitle them to the issued with a National Health (S.I.P.) card. Where any authority does so then they are not following the proper procedure, since then they will not recover the cost of any treatment given. To comply with E. U. Regulations you obtain your health care upon presentation of form E106 and your Health centre should demand and keep a copy for cost reimbursement.
The Valencia Autonomous Community – the ‘Newcastle letter’ route:-
The ex-gratis health care in the Valencia Community. Yes, residents of this specific community may obtain health care and yes, they will need a letter from Newcastle declaring that they have no health care in their home country. But now where has our ‘Rip van Winkle’ been. No, you do not have authority to countersign, or otherwise ratify a ‘legislative’ letter issued under authority of the Secretary of State for Works and Pensions. You are impertinent Sir.
Holidaymakers and the European Health Card EHIC: -
Mr Thomson, in this paragraph you sound like an insurance broker touting for business. Just which group of Holidaymakers are you addressing? State pensioners need no such inaccurate advice from you, since their level of care, once in possession of an EHIC will usually give a much higher level of health care protection than any private medical insurance policy. Since the EHIC will also cover State pensioners and certain others for all pre-existing conditions, all on-going illnesses etc., - See our ‘Home Page’ for more information. Instead of shooting from the hip, Mr. Thomson, why don't you speak to the Department of Health in the U. K. as we do.
Semi-Residents – the swallows : -
Mr. Thomson yet again you display of a total lack of knowledge, when one views this paragraph in the terms in which it is couched. Yes, a citizen must make an informed decision, but that decision must be based upon their individual circumstances - it is not one to be determined by choice. One does not decide where to domicile their health care.
Since we are dealing here with British citizens, they have to look to the laws of the United Kingdom as, although the word domicility has more than one meaning in law, It usually refers to the place were you normally live. This is regularly referred to in various Acts of Parliament. It is a common law concept where it is defined as ones normal place of residence, even as recently as 1982 the House of Lords reinforced this definition, “As someone who is living lawfully in the U. K. voluntarily and for settled purposes as part of the regular order of their life for the time being, with an identifiable purpose for their residence, which has a sufficient degree of continuity to be properly described as settled". The right of citizens so settled in their home country, also have a right have, as at the latest 30 April 2006 the enhanced right of free movement with ‘dignity, without ‘formality’ as well as without ‘obstacle’.
Further, whilst the EHIC is intended for holiday visits away from their normal place of residents. Neither, the U. K. Government, nor Spain defines a period of temporary absence for the purpose of the use of this card. We are presently ‘Petitioning’ the European Parliament to properly codify the use of the EHIC.
Even a period of over six months of absence from the U. K. has not been defined as giving up one’s normal place of residence, other than for ‘fiscal’ purposes, namely as universally accepted, as 183 days in any one year. E. U. Directive 2004/38/EC is not silent In this matter, since in it’s Article 16 is enshrined the right of permanent residence, following a continuous period of residence of five years or more, this now allows for an absence of 2 years, before one gives up their residence status, unless they do so voluntarily beforehand.
Under the period of 5 years the Directive allows for six months. The Directive does not stop there, since it leaves it within the competence of each E. U. Member State to determine an additional period in time. The Directive however, will not allow a lesser period.
All this information can be found by following the route from our ‘Home Page’. Mr. Thomson we have again to rebuke you and to tell you that you are swimming, not only in ‘murky’ waters, but you go way beyond your depth. You could have come to us for advice. You chose not to. Why not?
Since you use the expression, “The Swallows” - we have no wish to ‘Put the cat amongst the pigeons’ when we say, “You could have listened to your Vice Consul, since she appears to haves far greater knowledge than yourself.”
‘Residence Cards : -
His advice in this area is so lamentable. Despite this information sitting on our web site with particular regard to the E. U. Directive 2004/38/EC. We deal with this matter as a separate issue below.
The British Consulate : -
Here Russell Thomson informs us that the Staff at the Consulate at Alicante are trained and equipped to answer specific queries, taking in to account your personal circumstances. How can anyone be so foolish to make such an all-embracing statement? Well our beloved Consul can and with consumate ease it appears. How can one possibly be trained to deal with a problem before you know what the problem actually is? What exactly are you talking about? What training has been gioven? Who has trained your staff?
We make no attack upon the Consular staff since each of your co-founders are well aware of how tiresome it can often be, when attending to all the needs of the public. Nevertheless, it is our experience that the staff we have encountered have always shown us courtesy, respect and consideration. We do not speak for others. What is most seriously lacking is proper leadership and guidance.
Residence cards to go for all E. U. citizens :-
It is here that we put in place the final ‘obituary’ to Russell Thomson. In this matter no one but a ‘Court Jester’ could make such a fool of himself.
This Association caused to be published sensational news in the 1 March 2006 edition of the Euro weekly News. The headline read: - “IT’S ON THE CARDS”
Yes, Resident’s Cards are abolished for all E. U. citizens by virtue of E. U. Directive 2004/38/EC we have been saying so for a long time now. This Directive was first published in the ‘Official Journal of the European Union on 30 April 2004 following a decision of the European Parliament and of the council of 29 April 2004 wherein it states, “Union citizenship should be the fundamental status of nationals of the Member States when they exercise their right of free movement and residence. It is therefore necessary to codify and review the existing Community instruments (legislation) dealing separately with workers, self-employed persons, as well as students and other inactive persons in order to simplify and strengthen the right of free movement and residence of all Union citizens”
The final ‘Transposition’ date of this Directive into the national laws of E. U. Member States is the 30 April 2006. From that date onwards you may ‘invoke its applicability’ you may demand its ’legitimate expectation’. This can all be found on our web site click to view. Despite this, one local newspaper, the Round Town News, reported in its 3 March edition that, Russell Thomson had declared at a public meeting in Jalon (in the province of Alicante) that it is not going to happen. It is reported that he further told his audience, “Do not believe what you read in certain English newspapers.” Some days later he went live on local radio station OCI and similarly declared that what we had been telling you was completely wrong - Spain will not transpose this Directive. Click here to read what the Justice Department of the E. U. Commission have written to this Association. It is their understanding that Spain will comply with the Directive by the latest 30 April and yes; ‘Resident’s Cards’ are to be abolished for all E. U. citizens. If it is open to us to make proper enquiries then it is also open to a British Consul. However, he must now wear that cloak of office to his utter shame, for he will have lost respect from the last vestige of any support he may have thought he had.
We call upon all our members to write to their M. P.’s. and demand his removal. We are all entitled to better than Russell Thomson as our representative. His credibility has gone. He too must go.
As all our members will be aware your co-founders take no payment for our work, but rather fund it from our own savings and pensions. When we therefore ask for your support, we believe that we are entitled to receive it.
We thank all our loyal members for your support and trust you will continue to do so. Their are battles to be won.
“The power to question is the basis of all human progress.” - Indira Gandhi.
Finally, to quote the comedian Jerry Lewis, “I’ve had great success being a total idiot.” Russell Thomson, you cannot claim any success.
David R.Burrage and Peter Woodall your joint co-founders.